Cost and benefit of a new instruction for the cognitive interview: the open depth instruction

The quality and the quantity of information recalled by eyewitnesses during a criminal investigation is of crucial importance. To increase the volume of details recalled during an interview, the cognitive interview recommends using various retrieval strategies to enhance recall. We tested a new retrieval instruction, the open depth (OD) instruction. The efficacy of this new instruction was assessed with the number of unit of information and the accuracy rate. We also assessed the cost-and-benefit of this new instruction with measures of repetition. Students watched a video of a simulated robbery and participated later in face-to-face interviews. In Study 1 (N=60), the cognitive interview using the OD instruction increased recall compared to the interview using the change of perspective (CP) instruction, without affecting the accuracy rate. The redundancy rate was higher with the OD instruction than with the CP instruction. In Study 2 (N=40), the OD instruction generated more new information without affecting the accuracy rate than the interview using motivated recall (MR) instruction. The repeated information to new information ratio was lower with the OD instruction than with the MR instruction. The advantages of the OD instruction for investigative interviewing purposes are discussed.     

被害人责任法定化初探

被害互动理论揭示了被害人在犯罪进程中承担着事实责任,这种责任经规范评价后应该成为影响犯罪人定罪量刑的情节。司法实践不能承受之弊端呼唤着这一情节的法定化,理论和现行立法为其法定化提供了丰富的既有资源。被害人责任法定化应该走一条以刑法分则为基础,以刑法总则为总纲,以司法解释作为保障的渐进之路。     

论被害预防

当前,世界各国犯罪预防的一个明显转变就是从被动预防犯罪到主动预防犯罪;从法律制止到物质制止;从立足于行为人预防到被害人预防。犯罪被害人研究表明,要真正实现减少社会的犯罪,仅仅从犯罪人和潜在犯罪人这一角度考虑是不够的。任何犯罪的发生,都是犯罪人与被害人相互作用的结果。以犯罪人或潜在犯罪人为中心的犯罪预防和以被害人或潜在被害人为中心的被害预防是犯罪预防体系中相互联系、不可分割的两个方面。只有以动态的观点去理解和分析被害预防才是全面的、科学的。也只有将被害预防与犯罪预防相结合才能充分发挥它在犯罪预防中的作用。     

Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office: Victim Status,Extraterritoriality and the Search for Principled Reasoning

In Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office the UK Investigatory Powers Tribunal found that the relevant standard of ‘victim status’ that applies in secret surveillance cases consists in a potential risk of being subjected to surveillance and that the European Convention on Human Rights does not apply to the surveillance of individuals who reside outside of the UK. This note argues that the Tribunal's finding regarding the victim status of the applicants was sound but that the underlying reasoning was not. It concludes that the Tribunal's finding on extraterritoriality is unsatisfactory and that its engagement with the European Court of Human Rights case law on the matter lacked depth. Finally, the note considers the defects of the Human Rights Watch case, and the case law on extraterritoriality more generally, against the backdrop of the place of principled reasoning in human rights adjudication.     

Identification through X-ray fluorescence analysis of dental restorative resin materials: a comprehensive study of noncremated, cremated, and processed-cremated individuals

Tooth-colored restorative materials are increasingly being placed in the practice of modern dentistry, replacing traditional materials such as amalgam. Many restorative resins have distinct elemental compositions that allow identification of brand. Not only are resins classifiable by elemental content, but they also survive extreme conditions such as cremation. This is of significance to the forensic odontologist because resin uniqueness adds another level of certainty in victim identification, especially when traditional means are exhausted. In this three-part study, unique combinations of resins were placed in six human cadavers (total 70 restorations). Simulated ante-mortem dental records were created. In a blind experiment, a portable X-ray fluorescence (XRF) unit was used to locate and identify the resin brands placed in the dentition. The technique was successful in location and brand identification of 53 of the restorations, which was sufficient to enable positive victim identification among the study group. This part of the experiment demonstrated the utility of portable XRF in detection and analysis of restorative materials for victim identification in field or morgue settings. Identification of individuals after cremation is a more difficult task, as the dentition is altered by shrinkage and fragmentation, and may not be comparable with a dental chart. Identification of processed cremains is a much greater challenge, as comminution obliterates all structural relationships. Under both circumstances, it is the nonbiological artifacts that aid in identification. Restorative resin fillings can survive these conditions, and can still be named by brand utilizing elemental analysis. In a continuation of the study, the cadavers were cremated in a cremation retort under standard mortuary conditions. XRF was again used to analyze retrieved resins and to identify the individuals based on restorative materials known to exist from dental records. The cremains were then processed and the analysis was repeated to determine whether restorative resins could be found under this extreme condition. Under both circumstances, sufficient surviving resin material was found to distinguish positively each individual in the study group. This study showed the utility of XRF as an analytical tool for forensic odontology and also the significance of the role of restorative resins in victim identification, even after cremation.     

The Evolution of Balanced and Restorative Justice

Maloney, Armstrong, and Romig presented a portrait of “Joey,” who was the exemplar of what was wrong with the juvenile justice system, in 1988 when they published The Balanced Approach in this Journal. In response, they reimagined a juvenile justice system predicated on balancing three fundamental goals—protection of community, accountability to victims, and development of competencies to prepare juvenile court‐involved youth for productive roles in their communities. The authors examine the evolution of balanced and restorative justice and re‐imagine how Joey's life may have been different at critical junctures of his juvenile court involvement.     

Attitudes,Perceptions, and Preferences of Individuals from Temuco (Chile) About Denture Marking

Denture marking (DM) helps identify edentulous people with different methods. Analyzing perceptions and attitudes of denture wearers would enable understanding of the practical aspects, an analysis still absent in South America. Fifty‐three individual candidates for removable dentures were instructed on disaster victim identification (DVI) and the usefulness of DM for this purpose. They were physically shown eight DM systems and a questionnaire to which they responded by highlighting preferences in those systems. Although 98.11% did not know that dentures could be marked, only 9.43% denied interest in some type of DM. The 90.57% would mark their dentures with some system, preferring the inclusion of QR codes or a micro SIM card. The proven weaknesses of DVI and propensity for disaster mean this community in Chile is an opportunity to implement DM systems. Obstacles may come not from patients but from their dentists, educational institutions, or a lack of public policies.     

The Victim–Offender Overlap Behind Bars: Linking Prison Misconduct and Victimization

Despite a growing body of research on the victim–offender overlap, limited scholarship has examined this phenomenon in the context of the prison. This paper advances theory and scholarship on the victim–offender overlap and prison social order by examining linkages between prison misconduct and victimization. Examination of the overlap in the prison context extends the generality of the model and provides greater insight into the implications of the prison experience on behavior. This paper uses nationally representative data from the Survey of Inmates in State and Federal Correctional Facilities and bi-probit analyses to estimate whether the overlap exists within the prison setting and whether victimization and misconduct can be explained using the same theoretical framework. Findings suggest that common and unique risk factors exist for victimization and misconduct. Results have implications for theory, research, and policy related to understanding the relationship between victims and offenders and deviance in the prison setting.     

从被害人角度看辩诉交易

利益衡平、对犯罪重在预防、公正与效率相协调、实体公正和程序公正并重是构建辩诉交易应有的理念。被害人应作为辩诉交易的主体享有广泛的辩诉交易权。国外辩诉交易存在对被害人利益保护不足的缺陷。中国引入辩诉交易应强化被害人作为辩诉交易主体的地位,扩充其辩诉交易权。有被害人的案件,非经被害人同意辩诉交易无效。     

RACIAL ANIMOSITY AND INTERRACIAL CRIME*

The primary objective of this study is to determine the effect of a victim's race on the likelihood of him or her being seriously injured during the commission of an interracial crime. We also assess the probability of a homicide occurring during an interracial crime. A multilevel city analysis shows that black offenders are no more apt than white offenders to injure their victims seriously during an interracial robbery or rape. A black offender also does not have a greater proclivity to kill his or her victim during the commission of an interracial crime. Some evidence suggests that white victims are more likely than black victims to suffer serious physical harm during an aggravated assault. Results also reveal that contextual factors related to racial animosity, such as residential segregation, white‐to‐black economic inequality, and black‐to‐white unemployment, fail to have any moderating effect on either the severity of victim injury or the likelihood of a homicide occurring during an interracial crime. Overall, the results generated in this study tend to cast doubt on the validity of racial animosity theory. Our findings also lead us to question the veracity of the oftenmade claim that black‐on‐white crimes are punished more severely because these types of offenses are somehow more heinous in circumstance. At least in regard to serious victim injury and victim death, black‐on‐white crime is no more violent than white‐on‐black crime.